N.L. Tibrewal, J. - (1.) The accused-petitioners have filed this revision petition to challenge the order of remand passed by the learned Additional Sessions Judge, Kishangarh, in Cr. Appeal No. 12/1992.
(2.) The petitioners and co-accused Hari Singh were prosecuted in Cr. Case No. 114/1987 in the aforesaid Court. The charge against Hari Singh was that he falsely impersonated one Veer Singh and signed as such on a compromise petition compounding the offences with the accused and the said petition was filed in the Court, while other accused i.e. the petitioners were charged for offence under Section 419 read with Section 120-B IPC.
(3.) After recording evidence and statements of the accused under Section 313, Cr.P.C. the trial Court convicted co-accused Hari Singh for the offence under S. 205 IPC and sentenced him to undergo six months rigorous imprisonment, while the petitioners were convicted under Section 419 IPC and sentenced to six months rigorours imprisonment vide judgment dated 7th April, 1992. On an appeal, the learned Additional Sessions Judge, Kishangarh Bas, vide impugned judgment/order remanded the case to the trial Magistrate after setting aside conviction and sentence of the accused persons. While remanding the case, the learned Judge, pointed-out some infirmities in relation to non-production of some material evidence or documents by the prosecution. The trial-court was directed to decide the case afresh after giving opportunity to both the parties to lead fresh evidence.;